Opinion

Fruit v. State

  • 528 P.2d 331
  • 1974 OK CR 192
  • 1974 Okla. Crim. App. LEXIS 459
Court
Court of Criminal Appeals of Oklahoma
Filed
Nov 5, 1974
Status
Published
Author
Brett
On the bench
Bussey, Bliss, Brett
Cited by
9 cases
Authority
More cited than 6.8%

The opinion

BRETT, Judge

(specially concurring).

I concur in this decision after a careful study of the facts involved. Under the circumstances of this case, the inventory was not improper and consequently the subsequent seizure of the stolen property was legal. However, this type of search, i. e. inventory search of impounded vehicles, can become a matter of abuse; and it is abundantly clear that any inventory search which is purely exploratory must be illegal. Consequently, each case must stand or fall on its own facts.

The Washington Supreme Court provided a lengthy discussion on inventory searches in State v. Montague, Wash., 438 P.2d 571 (1968). That Court summarized the situation as follows:

“When, however, the facts indicate a lawful arrest, followed by an inventory of the contents of the automobile preparatory to or following the impoundment of the car, and there is found to be reasonable and proper justification for such impoundment, and where the search is not made as a general exploratory search for the purpose of finding evidence of crime but is made for the justifiable purpose of finding, listing, and securing from loss, during the arrested person’s detention, property belonging to him, then we have no hesitancy in declaring such inventory reasonable and lawful, and evidence of crime found will not be suppressed.” at p. 574, 438 P.2d. .

In the instant case all of those conditions were met and therefore, I concur in this decision, insofar as the other evidence was sufficient to sustain the conviction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.